HomeMy WebLinkAbout#1424- Deed; PERMANENT EASEMENT FOR USE & MAINTENANCE OF AND ACCESS TO PEDESTRIAN BRIDGE Sherland BuildingpERMANENT EASEMENT FOR USE AND
MAINTENANCE OF AND ACCESS TO
PEDESTRIAN BRIDGE - Equitable
Life Assurance Society of the
United States (SHERLAND BUILDING)
G. BURT FORD
JAMES H. PANKOW
THOMAS F. LEWIS, JR.
TIMOTHY W. WOODS'
JOHN R. OBENCHAIN
ROBERT W. MYSLIWIEC'
ROBERT M. EDWARDS, JR.
JOHN B. FORD
MARKJ, PHILLIPOFF*
JOHN W. VAN LAERE'/"
SUSAN ROGERS HANSON
'ALSO ADMITTED IN MICHIGAN
"ALSO ADMITTED IN ILUNOIS
JONES, OBENGHAIN, FORD, PANKOW & LEwXS
ATTORNEYS AND COUNSELLORS
TELEPHONE AND TELECOPIER
(219) 233.1194
REFERRED
BOARD OF PUBLIC WORKS
AUG 11 1987
Board of Works
City of South Bend
13th Floor
County -City Building
South Bend, Indiana 46601
Dear Sirs:
IBOO VALLEY AMERICAN BANK BUILDING
POST OFFICE BOX 4577
SOUTH BE3ID, INDIAN�& 48034
RAPICOM
(219) 233-8957
FRANCIS JONES
ROLAND OBENCHAIN
MILTON A. JOHNSON
RETIRED
August 7, 1967
Re: Sherland Building Pedestrian Bridge;
Easement and Access Rights
I represent the Equitable Life Assurance Society of the
United States, the owners of the Sherland Building, 105 East
Jefferson Boulevard, South Bend, Indiana.
In the early 1970's, the then -owners constructed a
pedestrian bridge over the north -south alley to the east of the
building accessing the municipal parking garage at 121 South St.
Joseph Street (hereinafter "the Bridge"). My understanding is
that this was done with the permission of the Board of Works, but
neither I nor the City Attorney's Office have been able to find
any documentation on the subject.
We are now in the process of selling the building, and
must provide the buyer with the following documents, in record-
able form, as soon as possible:
1. A permanent easement for the air spice over the
above -mentioned alley, allowing the construction, use and mainte-
nance of the Bridge by the owners, tenants and guests of the
Sherland Building.
2. A permanent right of access from the parking garage
to the Bridge, as the same now exists.
Essentially, all we are asking for is documentation of
conditions and understandings which already exist.
Board of Works -2- August 7, 1987
The legal description of the Sherland Building is as
follows:
Lot Numbered 41 and the south one-half (-2) of
Lot Numbered 42 as shown on the original Plat
of the Town, now City of South Bend.
I sincerely appreciate your cooperation and assistance
in this matter.
Very truly y Q
,
j �)
JOHN B. FORD
JBF:sas
cc: Mr. Thomas L. Bodnar
Chief Deputy City Attorney
JONES, OBENGHAIN, FORD, PANKOW & LEwIs
ATTORNEYS AND GOVNSELLOR5
G. BURT FORD
JAMES H. PANKOW
THOMAS F. LEWIS, JR.
TIMOTHY W- WOODS'
JOHN R. OBENCHAIN
ROBERT W. MYSLIWIEC'
ROBERT M. EDWARDS, JR,
JOHN B. FORD
MARK J. PHILLfPOFF'
JOHN W. VAN LAERE'I"
SUSAN ROGERS HANSON
'ALSO ADMITTED IN MICHIGAN
-'ALSO ADMITTED IN ILLINOIS
Board of Works
City of South Bend
13th Floor
County --City Building
South Bend, Indiana 46601
Dear Sirs:
TELEPHONE AND TELECOPIER 1800 VALLEY AMERICAN BANK BUILDING
(219) 233-1194
POST OFFICE BO% 4577
SOUTH BEND, INDIANA 4(3634
RAPICOM
(219) 233.8957
FRANCIS JONES
ROLAND OBENCHAIN
MILTON A. JOHNSON
RETIRED
August 7, 1987
Re: Sherland Building Pedestrian Bridge;
Easement and Access Rights
I. represent the Equitable Life Assurance Society of the
United States, the owners of the Sherland Building, 105 East
Jefferson Boulevard, South Bend, Indiana.
In the early 19701s, the then -owners constructed a
pedestrian bridge over the north -south alley to the east of the
building accessing the municipal parking garage at 121 South St.
Joseph Street (hereinafter "the Bridge"). My understanding is
that this was done with the permission of the Board of Works, but
neither I nor the City Attorney's Office have been able to find
any documentation on the subject.
We are now in the process of selling the building, and
must provide the buyer with the following documents, in record-
able form, as soon as possible:
1. A permanent easement for the air space over the
above -mentioned alley, allowing the construction, use and mainte-
nance of the Bridge by the owners, tenants and guests of the
Sherland Building.
2. A permanent right of access from the parking garage
to the Bridge, as the same now exists.
Essentially, all we are asking for is documentati-on of
conditions and understandings which already exist.
Board of Works -2- August 7, 1987
The legal description of the Sherland Building is as
follows:
Lot Numbered 41 and the south one-half (,) of
Lot Numbered 42 as shown on the original Plat
of the Town, now City of South Bend.
I sincerely appreciate your cooperation and assistance
in this matter.
Very truly y s,
JOHN B. FORD
JBF:sas
cc: Mr. Thomas L. Bodnar
Chief Deputy City Attorney
C P
PERMANENT EASEMENT FOR USE AND !_
MAINTENANCE OF AND ACCESS TO °
PEDESTRIAN BRIDGE
THE CITY OF SOUTH BEND, INDIANA ("Grantor"), being the owner
of certain rights, title and interest with respect to that certain
dedicated public alley running north and south between, inter
alia, Lots Numbered 40 and 41 as shown on the Original Plat of the
Town, now the City of South Bend, Indiana ("Alley"), for good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby grants, dedicates and conveys unto THE
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York
corporation, as the owner of Lot Numbered 41 and the south
one-half (1/2) of Lot Numbered 42 as shown on the Original Plat of
the Town, now City of South Bend, Indiana, and the Sherland
Building
situated thereon,
and
its successors and
assigns
("Grantee"),
in perpetuity,
for
purposes of ingress,
egress,
unrestricted access, use, maintenance and all other purposes in
connection with a certain Pedestrian Bridge ("Bridge") owned by
Grantee and now existing and to be maintained at the approximate
minimum height of 13 feet above the surface of the Alley, between
the Sherland Building, -owned by Grantee, and a parking garage now
owned by Parking Facilities of South Bend, Inc., an Indiana
corporation (the "Garage"), an EASEMENT upon all of its right,
title and interest in the following -described property:
Commencing at the Southeast corner of Lot 41,
Original Plat of South Bend, South send,
rndiana; Thence North 00 degrees - 26 minutes
- 22 seconds West on the East line of said Lot
41, a distance of 27.15 feet to the Point of
LI
beginning; thence North 87 degrees - 48
minutes - 51 seconds East, a distance of
14.0075 feet to the West line of Lot 40,
Original Plat of South Bend, Indiana; thence
North 00 degrees - 26 minutes - 22 seconds
West on the West line of said Lot 40, a
distance of 11.33 feet; thence South 87
degrees - 48 minutes - 51 seconds West, a
distance of 14.0075 feet to the East line of
Lot 41; thence South 00 degrees - 26 minutes -
22 seconds East on the East line of Lot 41, a
distance of 11.33 feet to the point of
beginning_
The foregoing Easement is subject to the reserved right on
the part of the Grantor, for itself and on behalf of the general
public, to use the Alley for vehicular and pedestrian traffic, and
is. further conditioned upon the obligation, which is assumed by
the Grantee upon delivery and acceptance hereof, to keep and
maintain the Bridge in good condition and repair, and to indemnify
the Grantor against any and all claims and -expenses arising out of
the use, ownership- or maintenance of the Bridge.
The purpose of the Easement is to connect the Sherland
Dui2aing to ttiL- Garage by way of the Bridge and to permit ingress
and egress to and from the Sherland Building by way of the Bridge
to and from the Garage. The Easement is granted in perpetuity,
subject to the following:
If either the Sherland Building, or the Garage, at any time
after 20 years from the date of this Easement, ceases to exist in
substantially its present form, this Easement will revert to the
City of South Bend, unless the following contingency occurs: the
sherland Building or the Garage is torn down, removed or
-2-
■�
destroyed, and the party then owning the Sherland Building or the
Garage intends to replace it with a similar structure, serving a
similar function, at the same site and within a reasonable time,
not to exceed five (5) years, that replacement structure is
erected; then, in that case, the Easement shall not revert, but
will remain in full force and effect, in perpetuity, subject to
reversion as provided above if either building is removed
permanently.
Each party shall, without charge at any time and from time to
time, within ten (10) days after request. by the other party,
certify by written instrument duly executed and delivered, to the
requesting party or any other person, firm or corporation
specified by such party, that this Easement is unmodified and in
full force and effect or if there has been modification, that the
same is in full force and effect as modified and stating the
modification.
Notwithstanding anything to the contrary in this Agreement,
the Ziability of the owner of the Sherland Building or the
premises over which the Easement is granted shall be limited to
its interest in its respective parcel and no such owner or its
partners, whether general or limited, - or their respective
successors, heirs, representatives or assigns, shall have any
personal liability hereunder. This exculpation of personal
liability is absolute and without any exception whatsoever.
Grantor hereby warrants and represents that:
(a) it is the owner in fee simple of the above -described
1property over which the Easement is granted;
-3-
fib) it has the right to bargain, sell and grant the Easement
conveyed herein._
The Easement, rights and obligations set forth herein shall
run with the land, shall create privity of contract and estate
with and among, and be binding upon and inure to the benefit of,
the parties hereto, their respective successors and assigns_
IN WITNESS WHEREOF, the undersigned have set their hands this
day of , 1987.
ATTEST:
"GRANTOR"
CITY OF SOUTH BEND, INDIANA
"GRANTEE"
EQUITABLE LIFE ASSURANCE SOCIETY
ATTEST: OF THE UNITED STATES,
A NEW YORK CORPORATION
M
STATE OF INDIANA )
) SS:
ST_ JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St.
Joseph County, Indiana, personally appeared JOHN E. LESZCZYNSKI
-4-
r�
MEMBERS
Cy
regoing
iL!e a .:u.
,.r nd and
iy of
Parmerlee
'V County, IN
-and for
ppeared
be the
who acknowea,4< . tha . hey did
that i.he c ;be ree act
Ind and
day of
eo:, .. , 'By:
C
To:
From:
Re.
BOARD OF PUBLIC WORKS
DATE-. August 11 1 S
1�
Thomas Bodnar \U \
Chief Deputy City Attorney. j
Sandra M. Parmerlee Clerk y
Request Easement - Sherland Building
The Board of Public Works has received a request for easement
from Mr. John B. Ford on behalf of the Sherland Building
I would appreciate your reviewing this matter and providing to
the Board a recommendation concerning this request.
Thanks _
SMP/mp
Att.
fransecp oy
-r
Taxina Unit d,4. r= cn
PERMANENT EASEMENT FOR USE AND
MAINTENANCE OF AND ACCESS b0 Q3 j" �
PEDESTRIAN BRIDGE _
a c
THE CITY OF SOUTH BEND, INDIANA (";,cantor"), being 1:6 owner�
of certain rights, title and interest with respect to that certain
dedicated public alley running north and south between, inter
alia, Lots Numbered 40 and 41 as shown on the Original Plat of the
Town, now the City of South Bend, lnaiz. na (°A1ley�'); or C.7,00d and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, hereby grants, dedicates and conveys unto THE
EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York
corporation, as the owner of Lot Numbered 41 and the south
one-half (112) of Lot Numbered 42 as shown on the Original Plat of
the Town, now City of South Bend, Indiana, and the Sherland
3uilding situated thereon, and its successors and assigns
"Grantee"), in perpetuity, for purposes of ingress, egress,
nre:stricted access, use, maintenance nic7l all other purposes in
connection with a certain Pedestrian Bridge ("Bridge") owned by
rantee and now existing and to be maintained at the approximate
iinimum height of 13 feet above the surface of the Alley, between
the Sherland Building, owned by Grantee, and a parking garage now
owned by Parking Facilities of fouth Bend, Inc., an Indiana
corporation (the "Garage"), an EASEMENT upon all of its right,
title and interest in the following -described property:
Commencing at the Southeast corner of Lot 41,
original Plat of South Bend, South Bend,
Indiana; Thence North 00 degrees - 26 minutes
22 seconds West on the East line of said Lot
41, a distance of 27.15 feet to the point of
es
b<1ianin�; thence North 87 de di — ae
stance of
minutes - 51 secoll,is Eatit,
14.0075 felt to tiduthS�1.<<tci line
ndian.l.Lot
thonce
Original Plat of 26 minutes - 2. seconds
North 00 degrees
We-'1t on the West line of thence LSouzh 87
11.33 feet;
distance of 5l Seconds Wiest, a
clei3tec_3 - 48 minutes
of 14.0075 (er.t to the East line of
distance
Lo.ltlz 00 degreet. - 26 minutes
ot 41; thence S
22 seconds 'east on the E.lo:t line of Lointl of
distance of 11.33 feet to the point
beginning.
Zhu foregoln9 Easement is subject to the reserved right on
ntor, for itself and on behalf of the general
the part of the Gra
public, to use the Alley for vehicular atlei pedestrian traffic, and
is further conditioned upon the obligation, which is assumc3 by
t'.he Granted up,')" dt'livery and acceptance hereof, to keep and
maintain the Bridge in 900d condition and repair, and to indemnify
the Grantor against any and all claims and•expdllses arising out of
the use:, ownership. or maintenance of the: Bridal.
Tile purpusc� of the, Easement is to connect the Sherland
Building to the i.11.1 1`y W.1_. of the Bridge and t.0 permit ingress
of the Bridge
a Il r1 ce3 =•e; Ss to and from the Sherland Building by way ity,
to and. from the Ga rages, Tile Easement is granted in pe>: p t_Br`
3"III
,Oct to the {ollowing:
If either the Shariand Building, or the: Garage, at any time
nCte> �u date of this Easement, ceases to exist in
years from the
t resent norm, this Easement will revert to the
F e.ubttanLially its p
7 City Of South Bencl, unless the following contingency occurs: the
sherland Building or the Garage is torn down, removed or
-2-
destroyed, and the party then owning the Sherland Building or the
Garage intends to replace it with a similar structure, serving a
similar function, at the same site and within a reasonable time,
not to exceed five (5) years, that replacement structure is
erected; then, in that case, the Easement shall not revert, but
will remain in full force and effect, in perpetuity, subject to
reversion as provided above if either building is removed
permanently.
Each party shall, without charge at any time and from time to
time, within ten (10) days after request by the other party,
certify by written instrument duly executed and delivered, to the
requesting party or any other person, firm or corporation
specified by such party, that this Easement is unmodified and in
full force and effect or if there has been modification, that the
same is in full force and effect as modified and stating the
modification.
Notwithstand4.ng anything to the contrary in this Agreement,
the liability of the owner of the Sherland Building or the
premises over which the Easement is granted shall be limited to
its interest in its respective parcel and no such owner or its
partners, whether general or limited, or their respective
successors, heirs, representatives or assigns, shall have any
personal liability hereunder. This exculpation of personal
liability is absolute and without any exception whatsoever.
Grantor hereby warrants and represents that;
(a) it is the owner in fee simple of the above -described
property over which the Easement is granted;
-3-
(b) it has the right to bargain, sell and grant the Easement
conveyed herein.
The Easement, rights and obligations set forth herein shall
ru-x with the land, shall create privity of contract and estate
with and among, and be binding upon and inure to the benefit of,
the parties hereto, their respective successors and assigns.
IN WITNESS WHEREOF, the undersigned have set their hands this
/3 day of 1987.
ATTEST:
'GRANTOR"
CITY OF SOUTH BEND, INDIANA
"GRANTEE"
ATTEST: EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES,
A YORK OR O TION
B Lv+u
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public in and for St.
Joseph County, Indiana, personally appeared S�1/lLr E. LL7-(ZVAS,0,
=C
r
PATRICIA E. DE CLERCQ,
and MICHAEL L. VANCE known to me to be the PRESIDENT AND MEMBERS
QF TjjF B3, D O ,
OF SOUTH aEN
who acknoaedged that tll ey € id sign the foregoing
instrument and that the same is their free act and deed.
)NY WHEREOF, Y have hereunto set my hand and
at SOUTH BEND, IN this 13TH
' �. day of
r 1987.
-nj.
Notary Public, Sandra M. Parmerlee
Resident of St. Joseph County, IN
My commission expires: 7_24-88
STATE OF
�- COUNTY SS:
Before me, the undersigned, a Notary Public in and for
County, t.,(.l
, personally appeared
and , known to me to be the
�� i�i/'iT/!/✓'i ')' C'! '( 7%'�- `f l i. , r%If_'( ( r ( /�'y'.! 2'�s.•.(
( ; r` rtfr_ ;
rr , who acknowedged that t hLD17 Cjl e.
sign the foregoing instrument and that the same is their free act
and deed..-
-- IN TESTIMONY WHEREOF, i have hereunto set my hand and
of f icial Beal at �'/ .. �i c� „ . this -`''` day of
1987.
.�'�s ,.�, -i • �•(-c , moo'; .
Notary Public-,
Prepared By: My commission expires:
Jonathan R. Cooper
Benesch, Friedlander, Coplan & Aronoff OFrlUAL471L
1100 Citizens Building, 850 Euclid Avenue ffi£IF.ZUV0A
Cleveland, Ohio 44114 NOTARY PUOUCSTATE OFILUilDIS
(216i363-4500 I NIT C01411MUEV. MAT 2%Is9J
-S-
PATRICIA E. DE CLERCQ,
and MICHAEL L. VANCE known to me to be the PRESIDENT AND MEMBERS
QF TjjF B3, D O ,
OF SOUTH aEN
who acknoaedged that tll ey € id sign the foregoing
instrument and that the same is their free act and deed.
)NY WHEREOF, Y have hereunto set my hand and
at SOUTH BEND, IN this 13TH
' �. day of
r 1987.
-nj.
Notary Public, Sandra M. Parmerlee
Resident of St. Joseph County, IN
My commission expires: 7_24-88
STATE OF
�- COUNTY SS:
Before me, the undersigned, a Notary Public in and for
County, t.,(.l
, personally appeared
and , known to me to be the
�� i�i/'iT/!/✓'i ')' C'! '( 7%'�- `f l i. , r%If_'( ( r ( /�'y'.! 2'�s.•.(
( ; r` rtfr_ ;
rr , who acknowedged that t hLD17 Cjl e.
sign the foregoing instrument and that the same is their free act
and deed..-
-- IN TESTIMONY WHEREOF, i have hereunto set my hand and
of f icial Beal at �'/ .. �i c� „ . this -`''` day of
1987.
.�'�s ,.�, -i • �•(-c , moo'; .
Notary Public-,
Prepared By: My commission expires:
Jonathan R. Cooper
Benesch, Friedlander, Coplan & Aronoff OFrlUAL471L
1100 Citizens Building, 850 Euclid Avenue ffi£IF.ZUV0A
Cleveland, Ohio 44114 NOTARY PUOUCSTATE OFILUilDIS
(216i363-4500 I NIT C01411MUEV. MAT 2%Is9J
-S-